ML19251A681
| ML19251A681 | |
| Person / Time | |
|---|---|
| Issue date: | 09/16/1981 |
| From: | Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML19251A677 | List: |
| References | |
| REF-10CFR9.7, TASK-PIA, TASK-SE SECY-80-457B, NUDOCS 8109280803 | |
| Download: ML19251A681 (7) | |
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POLICY ISSUE i
J9m C (Affirmation The Conmissioners)
For:
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Leonard Bickwit, Jr.
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General Counsel S' [ j, e
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Subject:
EDO DELEGATION OF AUTHORITY a
Purpose:
To provide the Commission a revised draft Manual Chapter 0103.
Discussion:
At the September 11, 1981 meeting on i
thi; subject, the Commission requested OGC to prepare a revised version of the subject draft Manual Chapter i
incorporating certain longhand changes which appeared on an earlier draft as well as certain specific modifications i
discussed at the meeting.
The attached i
draft complies with the request and also contains a modification suggested by the EDO which pertains to the delegation of rulemaking authority.
The modifications, which are highlighted by underlining for ease of reference, pertain to: 1) Commission consideration of significant policy issues; 2) EDO contracting authority; 3) limitation of EDO authority to matters explicitly assigned by the Commission or the Chairman; and 4) EDO rulemaking authority.
The following paragraph 5 were modified:
1) 031 - to provide for Commission consideration of "significant" questions of policy; 2) 037 - to provide for Commission consideration of correspondence involving "significant" matters of policy; CONTACT:
Juan L.
Rodriguez, OGC 634-1465 8109200003 810916 CF SUBJ CF ThsihWE..,_1Jk.dlCM6
2 3) 0212 - to limit EDO authority to matters explicitly delegated by the Commission or the Chairman and to provide that matters not explicitly assigned to the EDO are reserved to the Chairman unless otherwise delegated to the Commission by the Reorganization Plan; 4) 0213 - to delegate contracting authority to the EDO; 5) 032 - to provide for Commission approval of contracts, agreements, or interngency actions where required by law, and to provide for Chairman approval of contracts for
$750,000 or more after consultation with the Commissioners; 6) 0211 - to delegate rulemaking authority subject to Commission policy guidance in non-minor rule changes; and 7) 038 - to limit rulemaking authority to matters not covered by 10 CFR, Parts 0, 2, 7, 8,
9 subpart C and 110.
The present draft further reflects minor changes such as: the renumbering of certain paragraphs and the elimination of any reference to the Director of Standards Development from paragraphs 025 and 026.
.(
Leonard Bickwit, Jr. I Generr.1 Counsel Attachment as stated Commissioners' comments or consent should be provided directly to the Office of the Secretary by Noon, Thursday, Sep. 17, 1981 SECY NOTE:
Advance copies were distributed on 9/16/81.
This paper is identical.
DISTRIBUTION:
Commissioners Commission Staff Offices EDO ELD ASLBP ASLAP
CHAPTER 0103 ORGANIZATION AND FUNCTIONS OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS 0103-01 SUPERVISION The Executive Director for Operations (EDO) reports for all matters to the Chairman; and is subject to the supervision and direction of the Chairman as providad in Reorganization Plan No. 1 of 1980.
The EDO shall be governed by the general policies of the Commission and by such regulatory decisions, findings and determinations as the Commission may by law be authorized to make.
The EDO, through the Chairman, shall insure that the Commission is fully and currently informed about matters within its functions.
0103-02 FUNCTIONS The Executive Director for Operations, subject to other provisions of this chapter, is specifically responsible for:
021 administrative functions of the Commission including resolving EEO and grievance matters and providing support services; 022 execution o' the budget of the Commission; 023 distribution of business among the offices which report to the EDO; 024 preparation for Commission consideration of:
(i) the budget estimate for the Commission; (ii) the proposed distribution of appropriated funds according to major programs and purposes; and
2 (iii) proposals for the reorganization of the major offices which report to the EDO; 025 consulting with the Chairman prior to the Chairman's initiation of the appointments of the Directors of Nuclear Reactor Regulation, Nuclear Material Safety and Safeguards, Nuclear Regulatorv Research and Inspection and Enforcement; 026 appointing and removing without any further action by the Commission, all officers and employees of the offices reporting to the EDO except: Directors of Nuclear Reactor Regulation, Nuclear Material Safety and Safeguards, Nuclear Regulatory Research and Inspection and Enforcement; 027 supervising, directing, coordinating, and approving the activities of the offices reporting to the EDO; 028 developing and approving delegations of authority for offices reporting to the EDO; 029 responding to 'he requests of members of the Commission for access to information; 0210 insuring that the Commission, through the Chairman, is fully and currently informed about matters within its functions; 0211 promulgating minor rule changes and, subject to general policy guidance from the Commission and the limitations in 038, promulgating croposed and final rules; 0212 performing any other matter or function explicitly assigned by the Commission or the Chairman.
Any matter or function not explicitly assigned to the EDO is reserved to the Chairman unless otherwise delegated to the Commission by the Reorganization Plan No. 1 of 1980; 0213 executing cor racts, acreements, or interagency actions subject to the limitations in 032; 0103-03 AUTHORITIES The Executive Director for Operations shall be the chief operating and administrative officer of the Commission and, except as otherwise provided by law, regulation, Commission
3 action, or action by the Chairman, reports to and is supervised by the Chairman as provided in 0103-01 and is authorized and directed to discharge such licensing, regulatory, and administrative functions of the NRC, and to take such actions as are necessary to carry out the functions and execute the authorities assigned by this chapter, chapters of offices reporting to the EDO, or other official directives or communications.
Limitations placed on the authority of the EDO include the following:
031 all significant cuescions of policy shall be presented to the Commission for resolution.
With respect to such questions, the views of the relevant offices which, in the opinion of the EDO, are pertinent shall be presented to the Commission; 032 contracts, agreements, or interagency actions required by law (including authorization statutes attached as appendix A) or regulation to be approved by the Commission shall be submitted to the Commission for approval.
Tne EDO will provide the Commission 5-day notice of cancellations by the EDO of contracts previously approved by the Commission.
The EDO shall submit to the Chairman for, approval, all contracts for S750,000 or more.
Prior to aporoval, the Chairman will consult with the Commissioners; 033 those non-delegable functions described in section 161n of the Atomic Energy Act, as amended (Appendix B);
034 approval of employment of an individual by the NRC prior to completion of the security investigation and reports required by Sec. 145.b of the Atomic
4 energy Act of 1954, as amended, is limited to situations in which an individual will be precluded from access to Restricted Data or National Security Information through administrative procedures, and only upon receipt of an affirmative recommendation from the Director of the Division of Security and a clear showing of need by the requesting organization.
This authority may not be redelegated; 035 any report required by the head of NRC by the Special Counsel pursuant to 5 USC 1206 (b) (3) ( A)
(relating to alleged violations of law in a Federal agency) shall be submitted by the Executive Director for Operations, through the Chairman, to the Commission for review and signature of the Chairman.
Any reports submitted to NRC by the Special Counsel pursuant to 5 USC 1206 (c) (3) shall be submitted by the EDO, through the Chairman, to the Commission for review and certification by the Chairman regarding those matters set forth in 5 USC 1206 (c) (3) (A) and (B).
Authority to act for the head of NRC pursuant to 5 USC 1206 may be redelegated to the Deputy EDO but may not be further delegated; 036 with respect to export cases, the Executive Director for Operations will comply with the directive of the Commission contained in Appendix C to this Chapter; 037 correspondence to State and Federal officials which involve major new policy questions and all correspondence to the President, and Chairpersons of the oversight Committees, shall be submitted to the Chairman for signature.
Correspondence involving significant matters of policy shall be submitted to the Commission for ccnsider.ation.
038 with respect to rulemaking authority, the EDO shall not promulgate proposed or final rules pertaining to the matters covered by 10 CFR Parts 0,
2, 7,
8, 9 subpart C and 110.
0103-04 REDELEGATION OF AUTHORITY BY THE EXECUTIVE DIRECTOR FOR OPERATIONS The Executive Director for Operations may, except where expressly prohibited herein redelegate to others authority
5 delegated by this or other official directive or communication, except that such redelegations and any stipulations on further redelegations must be in writing.
A copy is to be filed with the Secretary of the Commission, and is to be reflected in the NRC Management Directive System.
0103-05 DELEGATION OF AUTHORITY BY THE DELI TY EXECUTIVE DIRECTOR FOR OPERATIONS The Deputy Executive Director for Operations is authorized to act in the stead of the Executive Director during the latter's absence, 0103-06 ORGANIZATION STRUCTURE AND INTERNAL ASSIGNMENTS The Office of the Executive Director for Operations includes the Administrative and Correspondence Branch.